MUNICIPAL COURT Former Mahoning County deputy sheriff is found guilty of shoplifting

The woman entered the store with an empty purse.
By PATRICIA MEADE
VINDICATOR CRIME REPORTER
YOUNGSTOWN -- A former Mahoning County deputy sheriff waiting to collect workers' compensation for a back injury has been found guilty of shoplifting items worth $13.35.
Kim Marciano, who says she now lives in Atlanta, was found guilty Monday afternoon after a trial in municipal court. She was fined $150, placed on one year's probation and ordered to do 10 hours community service and make restitution to Giant Eagle in Cornersburg. She was also told to stay away from the store.
Judge Elizabeth A. Kobly made her decision after hearing testimony from Marciano, Patrolman Tom Andrews and Dawn Tentinger, manager at the Giant Eagle.
The judge said that, based on the evidence and her assessment of the witnesses' credibility, she had no difficulty finding Marciano guilty of theft.
The judge said the most telling evidence was Marciano's taking an empty purse into the store and her apology to the store manager when caught with items in the purse. The theft occurred July 20, 2005.
The case was prosecuted by Bret Hartup. Marciano was represented by Youngstown attorney James S. Gentile.
In his closing argument, Gentile said his client didn't exert control over the items and suggested the items got misdirected from their position on top of the purse in the cart. He said Marciano had no evil intent.
What defendant said
Marciano denied that she made an apology, saying she had no reason to steal because her boyfriend, who was at the front of the store, had $26 on him. She testified that she intended to pay for the items that she placed on top of her purse in the cart.
The manager said she went looking for Marciano after the woman's boyfriend caused a commotion at the front of the store and identified himself and Marciano as law enforcement officers. The boyfriend turned out to be a felon.
The items -- two packages of steaks, a can of cocoa, gravy mix and food flavorings -- were found inside Marciano's purse, Tentinger testified. The manager said that when she asked to see Marciano's identification, the woman said she didn't have it but did show her badge.
The manager wondered how Marciano could not have identification in the big purse. Marciano then unzipped her purse and handed over the steaks, Tentinger said.
The remaining items were found in the otherwise empty purse when Marciano was taken back to the store office. Andrews testified that he arrived in response to a call about a shoplifter.
meade@vindy.com